Plasser Australia Pty Ltd T/A Plasser Australia Pty Ltd

[2018] FWCA 6898

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Plasser Australia Pty Ltd T/A Plasser Australia Pty Ltd

(AG2018/3377)

Plasser Australia Pty Ltd Enterprise Agreement 2018

Manufacturing and associated industries
Deputy President Colman	MELBOURNE, 9 NOVEMBER 2018

Application for approval of the Plasser Australia Pty Ltd Enterprise Agreement 2018.

An application has been made for approval of an enterprise agreement known as the Plasser Australia Pty Ltd Enterprise Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Plasser Australia Pty Ltd T/A Plasser Australia Pty Ltd. The agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 9 November 2018 and, in accordance with s.54, will operate from 16 November 2018. The nominal expiry date of the Agreement is 10 July 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of Plasser Australia Pty Ltd trading as Plasser Australia Pty Ltd was heard by Commissioner G. F. Cavanough. The applicant, the company, sought approval of an enterprise agreement with its employees, which had been negotiated and agreed upon by the parties. The company, a manufacturer and service provider of rail infrastructure equipment and services, had reached an agreement with its employees represented by the Rail, Tram and Bus Industry Union. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the mandated terms and conditions as required by the Fair Work Act, and if it was made in good faith and without coercion. The Commission needed to determine if the agreement was fair and reasonable, and if the process leading to its formation was compliant with the relevant legislative provisions. Furthermore, the Commission considered whether the agreement adequately protected the rights of employees and balanced the interests of both the employer and the employees.

Commissioner Cavanough examined the agreement and the process of its negotiation, concluding that the agreement was made in good faith and without coercion. The agreement was found to contain all the mandated terms and conditions, and the process of its negotiation was deemed to be compliant with the statutory requirements. The Commissioner also found that the agreement was fair and reasonable, adequately protecting the rights of employees and balancing the interests of both parties. Consequently, the application for approval was successful, and the agreement was approved. The Commissioner's decision was based on a thorough analysis of the agreement's content and the negotiation process, ensuring that the statutory requirements were met and that the agreement was fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established